Re: Re: Web display and "publication" in photography

The very basis of a website is to transfer files from one computer to another.
the ruling below would imply that the whole worldwide web was copyrighted, unless access to the website were gated? What does the ct mean not only view by copy, because
in order to view a website over the net one must first copy the website to be viewed, and then parse it into a browser from ones own computer.

Hence it is impossible to view a website over the net without first copying it?

sterling

is that how it should be interpreted?

On Mon, 24 Nov 2003, William T. McGrath wrote:

> You may want to look at Getaped.com v. Cangemi, 188 F. Supp. 2d 398
> (S.D.N.Y 2002) which held that a website was "published" under the
> definition in the Copyright Act. The court was looking at the issue of
> publication in order to determine whether the plaintiff was eligible for
> statutory damages under Section 412. The court based its ruling on the
> principle that publication occurs when the public has the ability to "gain
> control . . . or a possessory interest" in the work. The court felt that
> by accessing the website, a user could not only view but also copy the
> website. The court said it is more than a mere display because the creator
> loses the ability to control either duplication or further distribution of
> the work.
>
> Bill McGrath
>
>
> At 04:25 PM 11/17/2003 -0500, you wrote:
>
>
> > . . . . I would appreciate any comments or references to case law on
> > publication as it relates to display of works on the web.
> >
>
>
> _________________________
> William T. McGrath
> Davis, Mannix & McGrath
> 125 S. Wacker Dr., Suite 1700
> Chicago, IL 60606-4402
> Phone: 312-332-4748
> Fax: 312-332-6376
>
>
> #############################################################
> This message is sent to you because you are subscribed to
> the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
> To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>
> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>
> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>
> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
>
> Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.
>
Received on Tue Nov 25 2003 - 21:35:05 GMT